PARWATI DEVI Vs. PREM SHANKAR GUPTA

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Petitioners in W.P. (C) No. 3166 of 2015 are the legal heirs of original defendant no. 1, who have been substituted after his death on 11.05.2014 at the instance of plaintiff/respondent herein through petition dated 15.05.2014. Their substitution was allowed vide order dated 23.05.2014. Petitioners herein had made an application to file written statement on 14.11.2014, which has been declined vide impugned order dated 12.06.2015 passed by the learned Civil Judge, Sr. Division-VI, Jamshedpur in Title (Partition) Suit No. 101 of 2007.

(3.) In W.P. (C) No. 294 of 2016, the same petitioners i.e. substituted heirs of deceased defendant no. 1 had made a prayer to set aside the order dated 11.04.2014 passed by the learned Civil Judge, Sr. Division-VI, Jamshedpur in the same Title (Partition) Suit No. 101 of 2007 where under the original defendant no. 1(now deceased) namely Raghunath Prasad was debarred from filing written statement. They have also impugned the order dated 08.05.2014 rejecting the prayer to recall the order of debarment dated 11.04.2014. The said defendant as noticed here in above has died on 11.05.2014. Petitioners after being substituted at the instance of plaintiff sought permission to file written statement and on being denied have approached this Court.